When parent get divorced, then the court will have to decide with whom the
young children should live, how the circumstances will be after the divorce,
will the children accept this divorce, what will be their mental condition. The
court will have to keep all these questions in mind while determining child
What is child custody?
Child custody means taking care and control the children after having the
parents divorce. When the parents have a divorce, then the court will decide the
custody and visitation rights among the parents which is a paramount concern.
There is also some other paramount concern, which are child’s study, religion
and health care issues.
Types of child custody
Physical and Legal Custody
Physical custody means the child can live with that parent with whom he spends
most of the time. Most of the time, custodial parents have to share the legal
custody of the child with the noncustodial parent. Legal custody means the
decision where a child’s education, health care, religion and other significant
concern is included.
Joint custody means young children will get the opportunity to spend equal time
with both their parents. But the child should have one home where he will get
habituated to it and also will have the liberal visitation allowed to the
non-custodial parent. In this custody, both parents will get the joint decisions
and have to cooperate for the child’s sake.
If a divorced parent has two children, then in the court case, one child can
live with one parent and other children can live with another parent. This type
of custody is known as split custody. Normally, courts don’t support this
sibling’s separation but in many severe custody, they order these types of
Child Custody and Unmarried Parents
When the parents are not married yet in most of the cases, the court award the
full physical custody to the mother. If the father wants that full custody, he
cannot win if the mother is a good parent but the father can get the visitation
allowance in this sense.
Who decides the child custody?
There are two factors by which it is decided the child custody. They are:
Agreement between spouses
In these circumstances, the court will not interfere if parents agree about
care. It is known as a separation agreement where both parents will reach on a
contract. But when the parents can not come up with a deal, then the courts will
interfere. Parents have to hire a lawyer to resolve their issues which is
usually expensive and unpredictable.
The court will do the case in Divorce Act, Children custody act, and whatever
decision will come from the court will give the most priority. Most of the time
after the separation, the parent will get the permanent custody who already has
the custody of the young child.
How is the child custody determined?
While giving the custody case, the courts will have to focus on many factors.
Most of the elements are determined on the child’s best interests though it is
tough to decide on. If the child is old enough, then the court will take the
preference from the children in making the custody decision.
The factors are the following:
- Child’s preferences
- Mental and physical health conditions of both parents
- Religion consideration
- Cultural consideration
- Both Parent’s home environment
- Child’s Adjustment to school and community
- Age and sex of the child
- Each parent’s work schedule
- The lifestyle of each parents and his ability to maintain the children
- The child’s emotional needs
How to determine the primary caretaker of the child
Primary caretaker becomes a necessary psychological bonding with the child and
the primary caretaker. This bonding is considered the child’s successful passage
with different development stages. After the parent divorcing, a primary
caretaker is needed for the child’s psychological stability and encourage them
to communicate strongly by being extrovert.
While determining the primary caretaker, there are some responsibilities
which should be focused, such as:
- Meal planning with the preparation
- Bathing and dressing
- Health care preparations
- Teaching of reading, writing
- Participation in extracurricular activities
Child custody may be complicated, but it is vital for both parents. A
knowledgeable and qualified child lawyer needs in this case who can help to make
this process more feasible.
Lawyers in Montreal